§ [Nos. 12, 13 and 14]
§ Clause 14 page 12, line 37, leave out from "debt" to "no" in line 42 and insert—
- "(a) no order or warrant of commitment shall be issued in consequence of any proceedings for the enforcement of the debt begun before the making of the attachment of earnings order; and
- (b) so long as the order is in force."
§
Clause 14 page12, line 44, at end insert—
( ) An attachment of earnings order made to secure the payment of a judgment debt shall cease to have effect on the making of an order of commitment or the issue of a warrant of commitment for the enforcement of the debt.
§
Clause 14 page 13, line 4, at end insert—
(4) Where an attachment of earnings order ceases to have effect under this section, the proper officer of the prescribed court shall give notice of the cessation to the person to whom the order was directed.
§ THE LORD CHANCELLORMy Lords, I beg to move that this House doth agree with the Commons in Amendments Nos. 12, 13 and 14. The effect of these Amendments would be to bring subsection (2) of Clause 14 into line with subsection (1). I have a fairly lengthy explanation of this, but that is all it does. I think that the noble Viscount, Lord Colville of Culross, has a copy of this. If there is any point that he thinks is omitted or that I ought to mention, I hope he will be good enough to say so. Subject to that, I have stated what the object is.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(The Lord Chancellor.)
VISCOUNT COLVILLE OF CULROSSMy Lords, I do not think that the noble and learned Lord has missed anything of importance. The point is one of consummate subtlety. It derived from my right honourable and honourable friends in another place, who seem to have been 1003 most acute in their scrutiny of this part of the Bill. I am sure that somewhere in the proceedings of another place there is an explanation; I have certainly seen one, and I am quite content that the House should accept these three Amendments.
§ On Question, Motion agreed to.